Buffington v. New Hampshire Fire Insurance

Felton, Chief Judge.

1. The court did not err in overruling the general demurrer to the petition. The petition at least stated a cause of action for a declaratory judgment as to the question whether the plaintiff was obligated to defend the proposed action against the insured. Darling v. Jones, 88 Ga. App. 812 (78 SE2d 94); Georgia Cas. &c. Co. v. Turner, 86 Ga. App. 418 (71 SE2d 773).

2. Going strictly by the allegations of the petition and construing the petition most strongly against the plaintiff, the contentions of the plaintiff with reference to the endorsement and its meaning are based…